Abstract:
Sports have a very special place in our lives. All of us as young people have played sports in an organized manner; few of the people have chosen sports as their career. Sports have their own benefits both, physical as well as mental. Sports is a challenge laid down before you with some rules and then put in the work that it takes to get there.
Today, India’s sports industry has a global reach. With the successful development of sports industry in India, it also faces some problems such as organizing big events, observing practice of ethical and fair means, anti-competitive practices, sponsorship of events, providing infrastructure, broadcasting issues, match-fixing issues, sponsoring the sportsperson, etc. In order to handle these issues there was a need of a law in the country. So, different policies were formulated to curb these problems. Various associations and federations were also formed to govern the sports law in India. This research paper gives an insight about the sports related laws passed in India.
Keywords:
Sports, Sports Policy,Broadcasting, Federations, Sportsperson, Olympics
Introduction:
“Sport has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does. It speaks to youth in a language they understand. Sport can create hope where once there was only despair. It is more powerful than government in breaking down racial barriers.” –Nelson Mandela[1]
Indeed, sport is one of the greatest tools of social togetherness in today’s disruptive world. The sheer joy of watching sport events makes people forget their sorrows and pains. However over a period of time, sport has become more and more commercially motivated.
Let us first try to comprehend what the term “sport” implies before learning about sports legislation. There have been several attempts to reach a globally acknowledged definition of sports. The British Sports Council has made an important contribution to the issue by establishing key conditions that may aid in the development of a complete definition of “sport.” The Council has established the following requirements:
- Physical abilities
- Physical exertion
- Accessibility
- Tactics and strategy
- Primary goal
- Physical challenge
- Risk
- Uniqueness
- Political, moral, or other ethical factors [2]
In the Indian context, the term ‘sports’ has been categorised in the State List under entry 33 of the Seventh Schedule of the Indian Constitution within the broad genre of ‘Entertainment’.
“33. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List 1; sports, entertainments, and amusements.”
In addition, sports are controlled by a set of regulations that are enforced by a recognised organisation, such as the International Cricket Council (ICC) regulations for cricket and the Federation of International Football Association (FIFA) Rules for football.
Sports is a wonderful multi stakeholder ecosystem where there are so many different parties involved like federations, athletes, sponsors, broadcasters, media. In order for smooth functioning of these individuals and bodies there was a need to frame proper law and various policies.
Research Methodology:
This is a review paper representing chronological development of sports law in India. It is mainly theoretical, descriptive and qualitative in nature. Various books related to origin and development of sports, web articles, blogs, cases in the Supreme Court and High Court and other digital resources were used to gather information for this research paper. It analyses various judgments given related to sports. The paper consists of author’s own understanding obtained through research using secondary sources already available.
Review of Literature:
The information in this paper has been gathered through secondary sources of information such as books related to sports law such as Sports Law in India: Policy, Regulation and Commercialisation by Lovely Dasgupta & Shameek Sen, Law & Sports in India: Developments, Issues and Challenges by Mukul Mudgal & Vidushpat Singhania, articles, news and various authentic websites have been utilized to put together this research paper.
Methods:
What is Sports Law?
Sports law deals with issues that occur throughout the course of a sporting event. It also addresses concerns concerning people and various entities in the athletic world. The necessity for sports law arose as a result of the commercialization and professionalization of sports in India, as well as an increase in the number of sports-related conflicts. Judicial intervention was necessary to address the issues of malpractices such as doping, fixtures, inequality, broadcasting, gender discrimination and consequently sexual harassment (especially of women), etc.
National Sports Policy
The National Sports Policy was first formulated in 1984 with the objective of raising the standard of sports. In August 1984, both Houses of Parliament passed a resolution on the National Sports Policy with this objective in mind.[4] After the policy implementation the progress would be reviewed and recorded after every five years. In spite of having some promising aspects, the National Sports Policy 1984 could not be implemented. The policy was reformulated in 2001 specifying its objectives. The objectives of National Sports Policy 2001 are as follows-
- Mass Participation
- Need for integration of sports with education as well as development of infrastructural facilities
- Achieving excellence in sports at the domestic and international levels
National Sports Policy, 2007
The goal of National Sports Policy 2007 aimed to add to the suggestions of the previous policy. This strategy prioritises an individual’s total well-being, youth development, community development, peace, and brotherhood. The policy has three major goals: Sports for All, Sports Excellence, and Contingent Constitutional, Legal, and Institutional Measures to Implement the Policy. [5]
National Sports Development Bill, 2013
The first draft of National Sports Development Bill was put on the Ministry of Youth Affairs and Sports (MYAS) in February 2011. This was done by taking into account the suggestions and comments received from the sportsperson, athletes, coaches, sports support personnel, National Sport Federation, the Indian Olympic Association and other ministries under the Government of India. In the first stage of the bill, the broad issues which were undertaken by the Ministry of Youth Affairs and Sports were put before the public and other stakeholders for suggestions. In the second phase of the Bill, a committee was constituted by MYAS to review the comments received on the draft bill and to interact with stakeholders in sports to understand the public understanding pan-India and address the issues embedded in the Indian Sports. The committee was constituted under the chairmanship of Justice Mudgal and consisted of-
- Mr. InjetiSrinivas (Joint Secretary)
- Ms. AshwiniNachappa (Former Athlete)
- Mr. PrakashPadukone (Former Badminton Player)
- Ms. JhanjhaTripathi (Railway Sports Promotion Board)
- Mr. R.K. Anand (IOA nominee)
In the third stage of the bill, the comments were analyzed by the committee and shortlisted the suggestions to be incorporated in the amended bill.
National Sports Development Code of India (Sports Code)
MYAS published the Sports Code in January 2011. The Sports Code was created by combining numerous regulations and notifications released by the government. The intention of the sports code was to regulate sports in national interest, eradication of doping in sports, protecting athletes rights, prevention of betting and gambling in sports, banning dangerous sports, preventing child abuse and sexual harassment, protecting good governance in sports, regulating sports broadcasting rights,etc.One of the major developments that the code was bringing in was making of the code of arbitration for sports mandatory as an educating forum.
Sports Law and Welfare Association of India
The Sports legal and Welfare Association of India (SLAWIN) is the national and specialised organisation dedicated to developing ethical sports legal practise in India. Other goals include offering educational opportunities and a venue for attorneys representing athletes.
Issues in Sports in India-
Gender Discrimination- Discrimination against women in sports is not a new phenomenon. In professional sports, men and women have different opportunities in terms of involvement, opportunity, income, audience viewing numbers, and other factors. Women who participate in sports are sometimes stereotyped as macho and unattractive.
Doping– Doping is the use of performance-enhancing substances in sports. Doping is the intentional use of a drug by a sportsperson that is prohibited by the International Olympic Committee’s Medical Commission. A vast range of chemical chemicals, such as blood transfusion and gene modification, are widely available nowadays. Using such performance-enhancing chemicals is just dishonest since it causes an imbalance in sporting contests. Sporting events put athletes’ inherent abilities to the test, and when such abilities are modified through the use of drugs, sports ethics are violated. Doping not only violates the law, but it also lowers an athlete, leading him to think that he cannot reach brilliance via natural abilities. The key reason to implement an anti-doping code was to protect athletes from effects of cheating, health hazard and degradation in moral strength.
Broadcasting of Sports-
Today, sports have evolved into a huge public entertainment industry. Internet, media, television, radio are the main sources for people to access various sporting events. This increasing viewership worldwide turned national and international sporting events into opportunities for revenue generation. In India, the only broadcaster was the Doordarshan (DD) in late eighties and it telecasted free to air channels. Colour television was first time introduced by Doordarshan in India when it broadcasted the 1982 Asian Games in colour. Later, with the expansion of economy during 1991, several private players of broadcasting came into India. The transnational satellite broadcast in India began due to interest generated by the Cable News Network (CNN). The massive viewer response helped the Star TV realize potential of Indian Market and shortly they began satellite broadcasting in India.
Today, India has a plethora of television channels catering direct live coverage of various sporting events.
Personality Rights, Sports and Biopics
Biopics have become the trend of the season. In recent times, Indian cinema has witnessed drastic change and development of production and screening of biopic films on sportspersons. Biopic films depict and dramatize the life of a prominent and important personality in the society. Experts are of the view that these films find an easy connecting with the viewers. No doubt, biopics are the crucial element in promoting the sportsperson and their success journey. Some prominent examples of biopic are ‘MS Dhoni: The Untold Story’ depicting the life of Indian Cricketer, Mahendra Singh Dhoni, ‘Marykom’ showing the success story of Indian boxer, Mary kom, ‘Dangal’ depicted the real-life story of Phogat sisters and the social stigmas faced by them while their training for the wrestling championships. Now, talking about the biopics, let’s understand the legal right of filming such biopics on prominent personalities. The right to manage or direct the economic use of one’s name, image, likeness, or any other features is known as a personality right. Individual athletes’ publicity rights offer a significant amount of value to the sports organisation or teams with which they are affiliated. It is becoming customary for athletes to trademark their names in order to prevent them from being used without their permission. Therefore, the filmmaker needs to acquire the appropriate authorizations including life story rights or other permissions in order to face fewer legal implications on the journey of producing the film. The producer should have explicit permission in writing to produce the film.
National Sports Federations
National Sports Federations are in charge of organising, developing, and coordinating elite sports. The main task of federations is to identify players to represent India in the particular sports and coaches to supervise the Indian sports. National Sports Federations are autonomous bodies and overseas affiliated state level and district level associations. They are affiliated directly with the international federations for the particular sport. Eg. The BCCI would be affiliated to ICC. The government has the authority to indirectly influence the working of these national sporting federations. The federations have to submit the required document to the government every year in order to keep their recognition.
International Olympic Committee (IOC)
The Olympic Charter is a codification of the fundamental principles of Olympism and gives IOC supreme jurisdiction over Olympic games. It is responsible for the organization of the Olympic games which is the biggest sporting event in the world.[6]IOC has the power to adopt and amend Olympic Charter, elect the members of IOC and most importantly to elect the host city of the Olympic Games.
Indian Olympic Association (IOA)
Indian Olympic Association is the governing body for the Olympic Movement and the Commonwealth Games in India.The IOA was established in 1927 with Sir Dorabji Tata as the Founding President and Dr. A.G. Noehren as the Secretary General.It administers various aspects of sports governance and athlete’s welfare in the country. The responsibility for preparation of athletes and their participation in Olympics as well as Commonwealth and Asian Games lies with the IOA. IOA select the athletes based on their performance. The members of IOA include National Sports Federations, State Olympic Associations, IOC Members.
World Anti-Doping Agency (WADA)
WADA is an international and independent agency which envisions a world where all the athletes can participate in a doping-free sporting environment. It is a body involved in scientific research, education, development of anti-doping bodies and ensuring adherence to the World Anti-doping Code- a document harmonizing regulations regarding anti-doping in all sports.
Court of Arbitration for Sports (CAS)
The court of arbitration for sports is an institution independent of any sporting organisation which provides for services in order to facilitate the settlement of sports related disputes through arbitration or mediation by means of procedural rules adapted to the specific needs of the sports world. Any disputes directly or indirectly attached to the sport may be submitted to CAS. CAS has a timeline to resolve the disputes between six months to twelve months.
Dutee Chand v. AFI & IAAF case
Dutee Chand is a track and field Indian Athlete. She was dropped from the Commonwealth Games 2014 contingent by the Athletic Federation of India (AFI). The main ground for dropping her was hyperandrogenism (it is when a female body produces male hormones ie testosterone to an excessive level).The International Athletic Federation’s guidelines provide that an athlete with hyperandrogenism would have a competitive advantage over others. As a result she got baffled and challenged the guidelines before the CAS. She raised the question of discrimination as she had no control over hyperandrogenism; it was a natural occurrence. CAS opined that the regulations were discriminatory as no regulations required men to be tested. In 2016, she secured Rio Olympics qualification.
Citizen, Consumer and Civic Action Group &Anr.v. PrasarBharati&Ors. Case
In this case, the bidders were invited for telecasting rights of the India-Pakistan Tournament 2004. Ten Sports (a private broadcasting network), were granted the telecasting rights. Further, Ten Sports claimed their exclusive right of broadcasting the tournament. The Madras High Court ordered Ten Sports to share its broadcasting rights with the Doordarshan. And also, the logo of Ten Sports would remain flashing on Doordarshan and Ten Sports will be paid with the reimbursement amount too.
Suggestions:
Countries, all over the world should make such laws or formulate policies that not only protect the rights of the sportsperson but also helps in smooth functioning of the events and avoid malpractices mentioned above. Above all, these policies should be strictly enforced and merely shouldn’t remain on paper. In spite of national policy of sports, the Parliament should enact a proper legislation upon this matter. The issue of sportsperson, conflicts between them and sporting bodies, etc. definitely needs to be addressed on a larger scale. Sport industry contributes around 3% of the revenue to world trade. This clearly states that sports industry is definitely a prominent contributor to the economy of any country. So, there is utmost need of proper law to be passed in regard to this which will regulate the sports industry far better. Firstly, the Parliament should set up a proper Sports Commission which will-
1) identify the talent in the youth of India and provide them with proper opportunities to represent the nation, state, district.
2) advise the Ministry of Sports and Youth Affairs regarding sports.
3) ensure sufficient allocation of funds and resources to federations and other bodies
4)have a check on proper usage of the funds sanctioned.
Secondly, different federations and other affiliated bodies will be registered under this legislation other than registering it under Societies Registration Act.
Thirdly, the enactment of sports law shall focus on the advancement of game from school level, which will further provide the sportsperson to master and learn the techniques efficiently and perfectly.
Fourthly, this Sports Commission will be empowered to carry out dispute resolution regarding sports related matters.
Conclusion:
Sport not only is restricted to amusement but also it is a matter of national pride. In earlier days, sport was only looked upon as entertainment but over a period of time sport industry observed a significant development. With this, laws pertaining to it were also framed. National federations and various agencies and organizations were formed by the Government of India to operate and have a check on the policies. Today, sport industry is a prominent industry and there is a need of proper law to govern it.
PalviBansude| II BALLB | ILS Law College, Pune
References-
[1] Lovely Dasgupta&ShameekSen, Sports Law in India: Policy, Regulation and Commercialisation (Sage Law, 2018)[1]
[2]MukulMudgal&VidushpatSinghania,Law & Sports in India: Developments, Issues and Challenges (LexisNexis 2nd ed. 2015)
[3] Ritu Paul,Exploring and AnalysingSports Law in India, Volume 4 Issue 1; 2003[2][3]
[4] Article: Sports Law in India by Sanjay Krishna https://www.legalserviceindia.com/legal/article-6074-sports-law-in-india.html
[5] Comprehensive Sports Policy 2007 https://ideas.repec.org/p/ess/wpaper/id1098.html
[6] http://www.olympic.org/about-ioc-instiution?tab=organisation
Excellent palvi